Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

New registrations are now permitted.

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - JSonnabend

Pages: 1 ... 214 215 216 217 218 [219] 220 221 222 223 224 ... 228
3271
Patent/Invention Ownership / Re: Patent Pending
« on: 11-24-04 at 06:55 am »
Quote
I wasn't suggesting that the marking would constitute actual
notice.  I was proposing that the marking could become part of
fact pattern that lead to a conclusion of actual notice.

Maybe not.  Just speculating...


Sorry, didn't mean to suggest you were proposing that.  I appreciate your information, as always.

3272
Copyright Forum / Re: Copyright laws for books
« on: 11-23-04 at 08:31 am »
To the extent that you use images or passages from the book, you may be stepping on the author's copyrights.  To the extent that the source material is a series of books, you may be stepping on someone's trademark rights as well.

- Jeff

3273
Copyright Forum / Re: formula
« on: 11-23-04 at 08:28 am »
Quote
Didn't the Fesit ruling establish that the "sweat of the brow" is not a valid protection?

That's not the point here.  We're discussing an agreement you entered into with the company providing the data.  The agreement provides an independent restriction on your use of the data, unless the contract provision is void for some public policy reason.  If you use the data in contravention of the agreement, there may be a breach of contract cause of action, not a copyright infringement cause of action.

Maybe I'm misunderstanding something.  Did you enter into an agreement with the data provider?  If not, then we have a different issue.

3274
Copyright Forum / Re: formula
« on: 11-23-04 at 08:04 am »
Quote
All these firms all make you sign an NDA, and that you can't use this data for commercial purposes, and you can't share this data with others.   As far as I can see, the agreement is basically unenforceable, right?

I don't think that conclusion is warranted.  There is no policy reason of which I'm aware that would render the agreement unenforceable.  You are free, after all, to collect the data yourself.  If you choose to benefit from the fruit's of someone else's labor, the restriction should be seen as reasonable.

Perhaps someone can chime in who has addressed this issue more directly.

- Jeff

3275
Patent/Invention Ownership / Re: Patent Pending
« on: 11-23-04 at 07:57 am »
I, too, wonder if "actual notice" is satisfied merely by marking.  Considering that the marking case law discusses "constructive notice" (I believe), I imagine the answer is no.

- Jeff

3276
Patent/Invention Ownership / Re: Poor mans patent
« on: 11-23-04 at 07:49 am »
35 U.S.C. § x?  Any case law?

Thanks for the 411, guys.

3277
I have an Invention ... Now What? / Re: Issued patent with bar napkin drawing
« on: 11-23-04 at 07:46 am »
I wonder how those drawings would play to a jury.  I would love to represent the patentee, explaining how the drawings,  scribbled on a bar napkin, no less, represented a "flash of inspiration".  Beautiful.

- Jeff

3278
Trademark Forum / Re: Common Law vs Registered Trademark
« on: 11-22-04 at 07:59 am »
Eventually, the senior user of the mark may be found to have forfeited its trademark rights through failure to enforce its rights.  It's a very fact bound question that considers consumer perception of the mark, among other issues.  Laches may be a defense as well, but I wouldn't hang my hat on that defense, as a rule.

- Jeff

3279
Trademark Forum / Re: Trade Free zone?
« on: 11-22-04 at 07:56 am »
Quote
but if some aesthetics are considered essential to the products audience

Although at some point such "aesthetics" may be deemed functional, and thus unprotectable as trade dress, if consumers deem them necessary.

- Jeff

3280
Trademark Forum / Re: Madrid Protocol
« on: 11-22-04 at 07:49 am »
How about exploring issues where national trademark practices throw wrenches into the works for international applications, e.g., claims to color marks?

3281
Copyright Forum / Re: formula
« on: 11-22-04 at 07:40 am »
Quote
Titles, names, short phrases are generally not protectable by copyright.

But they may be protected as trademarks if used as such.

- Jeff

3282
Patent/Invention Ownership / Re: Patent Pending
« on: 11-22-04 at 07:37 am »
Quote
Marking provides so-called constructive notice under 35 U.S.C. § 287(a) and can have SIGNIFICANT implications with regard to your ability to collect damages in a patent infringement suit.

I am aware of no legal advantage to marking an item "patent pending".  As far as 35 U.S.C. § 287(a) goes, that applies only to patented items, not items with patents pending.  Importantly, the filing of an application in no way guarantees the issuance of a patent, and one has no enforceable rights unless and until issuance.

- Jeff

3283
Patent/Invention Ownership / Re: issued patents vs applications
« on: 11-22-04 at 07:32 am »
If claims are allowed on the first try, then the patent drafter did not do his or her job properly, in my opinion.  To get the broades claims allowable, one is well advised to cast a wide net and then pare back, I believe.

- Jeff

3284
Patent/Invention Ownership / Re: Photo's with application
« on: 11-22-04 at 07:29 am »
Photographs have to meet the requirements for drawings, generally speaking, to be considered part of the application.  See this recent thread for a more detailed discussion:
http://www.intelproplaw.com/Forum/Forum.cgi?board=new_idea;action=display;num=1100364001

- Jeff

3285
Patent/Invention Ownership / Re: Poor mans patent
« on: 11-22-04 at 07:27 am »
Quote
With the possible exception of business methods where there is an exception to infringement for people using the method prior to it being patented

What's this all about?

Pages: 1 ... 214 215 216 217 218 [219] 220 221 222 223 224 ... 228


Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.19 seconds with 21 queries.